Circuit Court Rules

ORDER 63

TRANSFER OF TRIAL TO THE DUBLIN CIRCUIT COURT

1. (1) In this Order, ‘the Act’ means the Courts and Court Officers Act, 1995 (No 31 of 1995).

(2) An application by the prosecutor or an accused pursuant to section 32(1) of the Act for an order transferring the trial of a person charged with an indictable offence to the Circuit Court sitting within the Dublin circuit shall, save where the court otherwise directs or permits, be made by motion on notice to the accused or, as the case may be, the prosecutor.

(3) The notice of motion shall specify the grounds upon which such application is to be made and any facts relied on in the application shall be verified in an affidavit sworn by or on behalf of the applicant.

(4) An application by the prosecutor pursuant to section 32(3) of the Act may be made ex parte at any time or place approved by the Judge concerned, by arrangement with the County Registrar.

(5) An order made pursuant to section 32(1) of the Act shall specify the following —

(i) the sitting of the Circuit Court within the Dublin circuit to which the case has been transferred;

(ii) whether the accused is in custody or on bail;

(iii) the name and address of the accused’s solicitor, if the accused is represented by a solicitor.

[SI 312/07]

2. The order of the Circuit Court transferring the trial shall be in the form set out at Form 39 of the Schedule of Forms.

3. If the order transferring the trial is made during a sitting of the Circuit Court within the Dublin circuit the case shall be transferred to that sitting subject to rule 4 of this Order.

4. If the order transferring the trial is made during the last two weeks of a sitting of the Circuit Court within the Dublin circuit the trial shall be transferred to the next sitting of the Circuit Court within the Dublin circuit.

5. If the order transferring the trial is made when there is no sitting of the Circuit Court within the Dublin circuit the trial shall be transferred to the next sitting of the Circuit Court within the Dublin circuit.

6. When an order of the Circuit Court transferring a trial is made the County Registrar shall forward within three days from the date of the makings of the said order, the said order and all relevant documents to the County Registrar for the county and city of Dublin.

7. Order 67, rule 16 shall not apply to this Order.

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